Ratto
Ratto v. Board of Trustees
Opinion
lead Opinion
Knight, J.
A petition has been filed herein for a writ of mandate to compel respondents, as members of the Board of Trustees of the City of South San Francisco, to call a special election to determine whether respondents, as such members of said Board of Trustees, shall be recalled. Respondents have demurred to the petition upon grounds of insufficiency of facts, uncertainty, ambiguity, unintelligibility, and want of jurisdiction of the court. An answer has also been filed.
In support of the demurrer respondents contend that the petition fails to allege the specific number of votes cast at the last general municipal election or the number of valid signatures attached to said recall petition, and that therefore it cannot be determined from said petition whether or not a valid recall petition has been filed; that there is a failure to set forth the grounds on which the recall was sought; that respondents, as members of such Board of Trustees, are not subject to mandamus for the reason that they are vested with “a power of determination coupled with an exercise of discretion in the calling of recall election”; that the petition fails to allege that petitioner is without a plain, speedy, or…